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In re Estate of Maldonado7/22/2005
No. 5926
Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and Carpeneti, Justices.
I. INTRODUCTION
We granted review to determine whether a surviving spouse's wrongful death proceeds should be included within the decedent's augmented estate as property of the surviving spouse, thereby offsetting the surviving spouse's elective share. The superior court included the wrongful death proceeds in the augmented estate on the theory that it was property owned by the surviving spouse at the decedent's death. Because we conclude that any interest in wrongful death proceeds is not owned by the surviving spouse at the time of the decedent's death, we reverse the decision of the superior court. However, because proceeds from survivorship claims should be classified as probate assets, we remand to the superior court to determine what portion, if any, of the settlement agreement represented payment for the decedent's survivorship claims, and to include that amount within the augmented estate.
II. FACTS AND PROCEEDINGS
Florian Maldonado, Jr., the decedent, died testate on November 28, 1999 due to mesothelioma, a type of lung cancer caused by exposure to asbestos. He was survived by his wife, Barbara Maldonado, and two minor children, Jaden and Cherish Maldonado. Florian adopted Jaden and Cherish before his marriage to Barbara and was the children's sole legal parent.
On November 22, 1999 Florian executed a will devising to Barbara "her elective share, homestead allowance, and family allowance as provided by AS 13.12.202, AS 13.12.402, and AS 13.12.404. " He left the remainder of his estate to Jaden and Cherish, in trust until they reach the age of twenty-five.
Before he died, Florian filed suit in Washington against numerous asbestos manufacturers and suppliers alleging injury from asbestosis, and some of these claims were settled before his death. After Florian died, the estate's personal representative added claims against these defendants for wrongful death. Shortly thereafter, the estate settled these claims for approximately $945,000. The settlement agreements purported to resolve all claims against the defendants, including wrongful death, "surviving personal injury " claims, loss of consortium, and other claims. Barbara and the guardian ad litem (GAL) then agreed to distribute forty percent of the net settlement proceeds to Barbara and thirty percent to each of the children.
Pursuant to the will, Barbara sought to collect her elective share of the decedent's augmented estate under AS 13.12.202. The GAL argued that Barbara's interest in the wrongful death proceeds should be included in the decedent's augmented estate under AS 13.12.207, on the theory that Barbara owned this interest at the time of Florian's death, and accordingly moved for partial summary judgment on this issue. Barbara opposed the motion. Following the recommendation of the probate master, the superior court agreed with the GAL.
We granted Barbara's petition for review on this issue.
III. STANDARD OF REVIEW
We review a grant of summary judgment de novo, determining whether there are any genuine issues of material fact and whether the moving party is entitled to judgment as a matter of law. We review questions of law de novo, adopting "the rule of law that is most persuasive in light of precedent, reason, and policy."
IV. DISCUSSION
Whether a surviving spouse's interest in a wrongful death recovery is included in the decedent's augmented estate for the elective share calculation is an issue of first impression in Alaska. Barbara argues that the superior court err
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